There are many myths relating to Special Educational Needs. We are here to help with myth busting. Simply click on each myth below for guidance.
A medical diagnosis is not essential to receive support for a child with SEN. It often takes time to obtain a diagnosis, even though it is obvious the child has substantial needs. It would be unlawful for a public body to refuse to provide care and support because there had been no diagnosis.
Local authorities are under a duty to provide transport support for some disabled children. For example, to school or to a respite service. Transport assistance cannot be refused because the disabled child lives less than three miles from school or is receiving DLA/PIP mobility allowance.
The Child and Adolescent Mental Health Service (CAMHS) cannot refuse to support certain groups of people. For example, those with autism or ADHD. They should work with all young people in need of specialist mental health help.
Short breaks support are sometimes referred to as ‘respite care’. Local authorities are under a duty to provide such support to assist family carers of disabled children. Local authorities must assess how much short breaks support a family needs. They are then under a duty to provide this. There is no ‘maximum’ limit on how much support of this kind can be provided.
A DFG is paid by the local authority to cover the cost of adapting a home to make it accessible/safe for a disabled person. DFGs are non-means tested for disabled children. This can be paid for rented as well as owner-occupied homes.
Direct payments (DP) are cash payments made by social services. They are made to people who have been assessed as needing support. DPs can be used to employ family members.
Carers (and disabled people) have a right to an assessment with a skilled member of social services, who must identify their ‘needs’ for:
- social care support
An EHC plan can continue as long as the young person stays in some kind of education or training. This doesn’t cover higher education.
The legal test for statutory assessment under the Children and Families Act 2014 is:
- whether the child/young person has or may have SEN
- whether it may be necessary for special educational provision to be made for the child or young person in an EHCP
All Local Authority will have criteria for making decisions on assessment. These must not impose a higher threshold than the legal test. The LA can reasonably expect the education provider to be able to evidence that they have taken ‘relevant and purposeful action’. A lack of this, however, will not necessarily be enough to prove that an EHCP is not necessary. The LA cannot insist on an EP or any other report as part of any eligibility criteria.
Yes, you can. The LA should consider your preference unless the suggested placement is incompatible with:
- the efficient use of public funds
- the efficient education of other pupils